Christie steps in and commutes sentence of New Jersey man convicted in gun case

We covered this story and few weeks ago and looks like we have a happy resolution. If you remember, Brian Aitken, had been convicted of illegally carrying two guns and was sentenced to 7 years in prison. Except that the guns were purchased legally, and the Judge never allowed the jury to hear specific exception clauses in New Jersey law that would have likely acquitted Brian in this case. Christie has stepped in, thankfully.

What makes the case so agregious is really the conduct of Judge Morley. Even though Aitken had purchased the guns legally in Colorado, and under New Jersey law, was allowed to transport them from one residence to another in the process of moving (in this case from Colorado to New Jersey), and even though the guns were locked and unloaded and stuffed in a secure box in his trunk, Morley would not allow the jury to hear the state’s exception laws, despite the fact that the jury asked for such information three times.

Christie has since dismissed Morley from the bench and has now commuted Aitken’s sentence.

Brian Aitken, who was convicted of illegally possessing two handguns that he had legally purchased in Colorado, will be spending Christmas out of prison.

Gov. Chris Christie commuted Aitken’s sentence, from seven years to time served, according to an order the governor signed today.

Aitken had appealed to Christie for commutation after being sentenced in August. According to the commutation order, Aitken will be released as “soon administratively possible.”

In 2009, Aitken was arrested for possessing two handguns and ammunition — the guns were unloaded — after state police found them in the trunk of his car. Aitken was visiting his mother in Burlington County when she became concerned about his well-being and called police.

Ed has more on this story and video at Hot Air.

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Jim Vicevich

Jim is a veteran broadcaster and conservative/libertarian blogger with more than 25 years experience in TV and radio. Jim's was the long-term host of The Jim Vicevich Show on WTIC 1080 in Hartford from 2004 through 2019. Prior to radio, Jim worked as a business and financial reporter for NBC30 - the NBC owned TV station in Hartford - and as business editor at WFSB-TV in Hartford for 14 years while earning six Emmy nominations and three Telly Awards.

8 Comments

  1. Dimsdale on December 21, 2010 at 4:11 am

    It just shows you the depths to which the anti gun nuts will descend in order to promote their fanaticism.   That judge was rightfully canned and should be barred from ever practicing law again in any form.  Purposely denying a jury the full context of a case and the laws that apply to it is criminal in itself, and Morley should be prosecuted.  What about the prosecutor of the case?  What about them?  Didn't they have to willfully ignore the law to prosecute this poor SOB?  What ever happened to "the truth, the whole truth, and nothing but the truth"?

     

    Christie has a lot of cleaning up to do in that state.  When he's done, could he come up to MA and CA?



  2. GdavidH on December 21, 2010 at 6:12 am

    Dims, considering most of the recent cases I've heard of lately, progressive and liberal judges are doing everything beyond their power to legislate from the bench. This crap is becoming all too common.

     God help us if Obama gets to appoint another justice to the Supreme court. 



  3. DanWH on December 21, 2010 at 6:17 am

    So Mr Aitken is still a convicted Felon who cannot legally possess firearms. Gotta love New Jersey.



  4. PatRiot on December 21, 2010 at 7:02 am

    Thank God for the Governor's common sense. 

    And what I want to know is:  If Morley and others like him are not upholding the law, what standard do they hope to set in its' place?  Because if their new "Rule # 1 is no more rules", then the judges and lawmakers are all out of a job.



  5. johnboy111 on December 21, 2010 at 4:58 pm

    i"ll take one of these please!!!!!!!!!!!



  6. winnie888 on December 21, 2010 at 10:49 pm

    It warms the cockles of my heart to hear that Christie dismissed Morley from the bench and simultaneously ordered Aitken's release from prison.  I do, however, think there may be more to the story if Aitken's own mother called the police because she was concerned for his well-being.  Either that makes her anti-gun or it makes her one of those parents who knows when her kid is about to go off his nut; I don't know.  Would be interesting to have that additional info.



  7. BEA on December 22, 2010 at 3:39 am

    Hey, Candy Crowley may be right…looks like we do have some "homegrown terrorists"…and they're serving in our United States Gov't!! Good riddance Judge Morley.



  8. Lynn on December 23, 2010 at 12:32 pm

    I agree with BEA.



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